Mediation Around the World
While no system is perfect, we’re fortunate to have a well-developed and effective mandatory mediation program in Ontario, which applies to most civil disputes commenced through the higher courts in Toronto, Ottawa and Windsor. I’d like to see mandatory mediation grow across the province and I’m optimistic that this will eventually happen. We're also fortunate to see mediation as a key component in so many of our public agencies, boards and commissions.
Lately, I’ve been noticing the increased development of mandatory and voluntary mediation programs in other parts of the world, including South Africa, Pakistan, India and China. It’s exciting and encouraging to see mediation being embraced as a core component of civil justice reform worldwide.
The following clips are provided courtesy of Keith Seat's October 2012 edition of Mediation News for the 21st Century:
South Africa’s Mandatory Court Mediation program will soon require all cases to go to mediation prior to trial; an internationally accredited mediation training program for both legal and non-legal professionals is being held in Cape Town, with another later in the year planned for Johannesburg. SA Commercial Prop News (July 30, 2012)
England and Wales are considering an automatic referral to mediation of all cases below the small claims limit; a pilot project is being introduced in the Salford Business Centre. Trethowans (July 26, 2012)
A mediation center has been established at the Lahore Chamber of Commerce and Industry to resolve business and commercial disputes in and around Lahore, Pakistan. The News.com.pk (July 18, 2012)
In contrast with other states in India, Maharashtra has been able to reduce the number of pending court cases, disposing of over 12 million matters over the last six years while only 10 million were begun, with mediation and an Indian process called Maha Lok Adalat viewed as key. A Bombay High Court justice urged lawyers to make use of mediation to resolve cases. The Times of India (August 22, 2012); The Times of India (July 29, 2012)
In an effort to avoid serious upset from failed negotiations, public hospitals in Shanghai, China must use third-party mediation in all disputes in which patients demand more than 30,000 yuan ($4,700); medical mediation committees were introduced a year ago and have settled over 70% of the 2,200 disputes they have handled. English.Eastday.com (August 29, 2012)
While a variety of laws and policies have previously encouraged use of Alternative Dispute Resolution in the Philippines, an executive order signed by the president now requires all local and national government agencies to include ADR provisions in contracts under the Public-Private Partnership program, joint ventures and other project. Inquirer Business (July 12, 2012).
Jamaica is emphasizing mediation and arbitration for better governance as well as to reduce the court backlog of both civil and criminal matters. Jamaica Information Service (June 30, 2012)
